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Nevilledog

(51,069 posts)
Sun Oct 25, 2020, 10:47 AM Oct 2020

"Here's how you know the GOP is asking the Supreme Court to rerun Bush v. Gore"





Tweet text:
Sasha Samberg-Champion
@ssamcham
Here's how you know the GOP is asking the Supreme Court to rerun Bush v. Gore: just look at the table of authorities.
Image

Zoe Tillman
@ZoeTillman
Replying to @ZoeTillman
- The PA Republican Party has now asked the PA Supreme Court to stay its decision re: the Nov. 6 deadline while it pursues a cert petition at SCOTUS (recall the last round was about an emergency stay application): https://scotusblog.com/wp-content/uploads/2020/10/Application-for-Relief.pdf-1.pdf

(HT to @SCOTUSblog for posting the docs)
6:43 PM · Oct 24, 2020

That's a lot of reliance on a decision that purportedly has no precedential authority.

Bush v. Gore used to be a little embarrassing for GOP lawyers and judges (and Justices!). Everyone knew it was just results-oriented decision. Now they're leaning all the way in and asking SCOTUS to say "Actually, Bush v. Gore establishes a doctrine and should be extended."
7:18 PM · Oct 24, 2020



What does Passim mean in a legal brief?

Latin, "scattered" or "spread throughout." The term is used synonymously with "here and there" to indicate that the materials cited or referenced can be found throughout the indicated source. Passim has been replaced with the signal see generally in modern legal writing.


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Jim__

(14,074 posts)
1. IIRC Bush v Gore explicitly states that it cannot be cited as a precedent.
Sun Oct 25, 2020, 10:55 AM
Oct 2020

I'm not sure if what they're doing is citing it as a precedent, but if not, it's surely a close relative.

lastlib

(23,208 posts)
9. They meant that in the same way that McTurdle said the American people deserve a voice....
Sun Oct 25, 2020, 11:41 AM
Oct 2020

...in selecting a SCOTUS Justice.

See also Lewis Carroll, Alice in Wonderland, to wit, "a word means exactly what I intend it to mean, nothing more, nothing less."

mahina

(17,642 posts)
5. I get 271 to 269 With Wisconsin, Michigan, and Florida hacked by Russians or others via insecure
Sun Oct 25, 2020, 11:06 AM
Oct 2020

Modems

But I hope you are right.

Fiendish Thingy

(15,570 posts)
7. Bush v Gore does not apply, and cannot be enforced
Sun Oct 25, 2020, 11:29 AM
Oct 2020

Just like Andrew Jackson said, “you and what Army?” Would stop a governor from appointing the appropriate slate of electors to send to congress?

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